New York

On Off Hire Survey

During the period of the time charter the Charterer provides the bunkers for the ship to use. These bunkers must be provided at the commencement of the charter or the Charterer takes over the bunkers that are on board at the commencement or on delivery. When he returns the use of the ship to the owner (redelivery) the owner takes over the bunkers that are still remaining on board

A clause in the charterparty will ensure this transfer of “ownership” of the bunkers on board. This is the “Bunkers on delivery and redelivery clause”. Naturally, each party will want to state the quantity of bunkers on board at the appropriate time and disputes can arise, especially if there is no qualification in the “bunker clauses” specifying the price to be paid by each party for the bunkers on board.


To minimize this source of dispute between the shipowner and the charterer, independent surveyors may be employed to carry out an on-hire survey on delivery and to carry out an off hire survey on redelivery. The surveyors will sound the tanks, calculate and certify the fuel that is on board.

In addition to bunkers on delivery and redelivery surveyors could also be employed to survey the condition of the ship on delivery and redelivery.

In a time charter, the charterer is obliged to redeliver the vessel in “ . . . good order and condition, ordinary wear and tear excepted, to the Owners . . .”. The good order and condition must be the same as when the ship was delivered to the charterer. When the ship is delivered (“placed at the disposal of the Charterers”) it must be “ . . . ready to receive cargo with clean-swept holds and tight, staunch, strong and in every way fitted for the service . . . to be employed in carrying lawful merchandise . . .”